Legislation -
Bill Passed
(Senate)
(38-11) -
March 20, 2008

Note:

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.

Legislation -
Bill Passed
(House)
(141-21) -
March 4, 2008(Key vote)

Title: Public Defender Funding Amendments

Vote Result

Yea Votes

Nay Votes

Vote Smart's Synopsis:

Vote to pass a bill that requires counties to provide partial funding for attorney fees and expenses incurred in certain death penalty cases.

Highlights:

- Establishes a flat-rate payment formula for death penalty cases in which the Georgia capital defender division is unable to defend an indigent client due to a conflict of interest and the council's director is required to appoint council (Sec. 25):

- The state covers the first $150,000 in attorney fees and expenses.
- The county funds 25 percent of attorney fees and expenses between $150,000 and $250,000.
- The county and state split the remaining costs for attorney fees and expenses in excess of $250,000.

- Prohibits senior judges from presiding over death penalty cases (Sec. 1-3).
- Adds four county commissioners to the Georgia Public Defender Standards Council [sec. 14 (3.1)].
- Requires that any indigent person charged with a capital felony for which the death penalty is being sought is defended by the Georgia capital defender division (Sec. 24).
- Amends the definition of "indigent defendant," requiring that person earn less than 100 percent of the federal poverty guidelines, as opposed to 125 percent [sec. 13 (5) (A)].
-This is a substitute bill offered by the House Judiciary Committee.

Note:

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.